Criminal Procedure (Attendance of Witnesses) Act 1996 (Tas)

Criminal Procedure (Attendance of Witnesses) Act 1996

An Act to provide for securing the attendance of witnesses in criminal proceedings in the Supreme Court and to make consequential amendments to the Criminal Code and the Evidence Act 1910 [Royal Assent 10 July 1996]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Criminal Procedure (Attendance of Witnesses) Act 1996 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation In this Act, unless the contrary intention appears – Court means the Supreme Court of Tasmania; criminal proceeding includes – (a) a proceeding for contempt of court; and (b) a proceeding under section 357 or 409 of the Criminal Code; and (c) a hearing on a plea of guilty; and (ca) an application to a single judge or an associate judge made under a provision of the Criminal Code Act 1924 ; and (d) any other proceeding held for the purposes of the criminal jurisdiction of the Court – but does not include an appeal or application to the Court of Criminal Appeal; final notice means a final notice to a witness issued under section 10 ; intended witness means a person named as a witness in a preliminary notice or final notice; preliminary notice means a preliminary notice to a witness issued under section 5 ; recognisance means a recognisance in force under section 12 ; Registrar means the Registrar of the Court.

4. Application of Act This Act does not apply to a person who – (a) under any other Act or law, may not be compelled to attend as a witness in a criminal proceeding; or (b) is required by writ of habeas corpus ad testificandum or habeas corpus ad respondendum to attend court and give evidence.